A Federal Court decision handed down last week represents a major win for people living with disability and their families.

Local Member of Parliament, Mr Tony Piccolo said the decision clarifies how a key criterion of the National Disability Insurance Scheme should be applied when determining the financial support plan for people support under the scheme.

The financial support that a person living with disability receives is determined by what is “reasonable and necessary”.

The Court found once a decision is made by the National Disability Insurance Agency (NDIA) then those supports should be fully funded.

The case involved the funding of financial support for transport for a young man attending work and other activities.Mr Piccolo said in this particular case the NDIA and family agreed that the provision of support for transport was “reasonable and necessary” but the Agency then decided to only provide funding for 50% of the cost, then increased it to 75% upon review.

“The Court found that this decision did not reflect the clear intention of the law,” Mr Piccolo said.

“The NDIS was agreeing with families that a particular support was “reasonable and necessary” but then rationed the actual support.”

“It is my understanding, that the Court found this action wrong at law.”

“Families and the NDIA will still need to agree soon what is “reasonable and necessary” but once that agreement has been reached, this Court decision removes further uncertainly about the amount of financial support that should be provided.”

“While the decision dealt specifically with support for transport costs, I believe this has general application across all supports available under the scheme.”

“I have been approached by a number of local families who have been concerned that while the NDIS creates new opportunities, the lack of transport support means that they could not take up those opportunities or they would need to quit their own jobs to support their children,” he said.Local mum, Mrs Gillian Taylor who contacted Mr Piccolo with her concerns, said this decision will make such a difference for [her daughter] Holly.

“She will be now be able to participate in work options and access a greater variety of programs,” Mrs Taylor said.Another local mum, Mrs Angela McFarlane agrees that while the decision has been a long time coming, as this will now allow them [people living with disability] to access important services for continued learning and employment.

Mr Piccolo said the NDIS was an important reform introduced by the Gillard Labor Government to give people living with a disability a fair go and to ensure they were able to live a dignified life.

“This Court decision upholds that very clear goal of the scheme as envisaged by the (then) Federal Labor Government,” Mr Piccolo said.

“People living with disability should be able to access appropriate employment opportunities.”

“The learning and earning seminar and exhibition to be hosted by my office this Wednesday night will help educate the community about the opportunities for employment in the disability sector,” he said.

Details about the seminar and exhibition can be found at http://www.tonypiccolo.org/tonys-blog/new-jobs-in-disability-sector while the Federal Court decision can be accessed at http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2017/2017fca0308